Article 370

“India has never been a symbol of unity of Hindu-Muslim civilization. It is not possible for the British Government to create homogeneity between Hindu and Muslim culture and civilization as the two systems are distinctively opposed to each other. There is no way other than the partition of India”

Afzal’s death further infuriated the Kashmiri people. Yet again not only were curfews put in place by the police, but violators executed. At this point, the Kasmiri people have been subjected to 20 years of military occupation. Strides had been made – in 2014 India was going to give Kashmir and Jammu back some of their rights by allowing elections. Executing Afzal Guru seemed to reverse all of their efforts.

India and Pakistan have fought many wars over Kashmir, and owning Kashmir. India and Pakistan both want the land because it offers a lot of strategical advantage, especially for Pakistan, as they are above India (geographically). However, Pakistan does not have such a strong military force as India and therefore cannot take more than what they already have. The Pakistani’s believe that Kashmir should be part of Pakistan, because around 70% Kashmiri population is Muslim. Whereas, India believes that Kashmir is part of India and should always remain a part of India, because duringh the partition, the king of Kashmir had signed the ‘Instrument of Accession’, that stated that India has control over Kashmir. This is what they’ve believed since 1947 (the partition of India and Pakistan) and so this has been one of the longest conflicts in the United Nations, and also between the 2

The India and Pakistan conflict remains one of the most unfaltering and unresolved conflicts of our time. Since the birth of the nation in 1947, conflict ensued over religion and territory dividing the great nation into two independent states, today known as India and Pakistan. The history of relations between the two nations follows an oscillating track between times of peace and resumptions of wars and crises. Conflict expanded to encompass a broad range of issues from terrorism to a nuclear arms race through the history of these nations. Having engaged in four wars over six decades the countries still stand divided over a multitude of issues today, leading to high tensions between the borders. Through the assistance of

The Kashmir Conflict has been an ongoing battle between India and Pakistan for decades. At its very basis, it is a territorial dispute between the governments of India and Pakistan and Kashmiri insurgent groups over control of the region of Kashmir. However, at it’s core it is religious quarrel that has been affected by the presence of nuclear weapons and the desire for local autonomy. The potential for peace is a topic still widely debated and rarely agreed upon by scholars. Through the decades-long conflict and continuous disaccord between India and Pakistan, the path to peace is paved solely by the Kashmiri people and their desires for their future, and with the resolution of this conflict, India and Pakistan may finally be able to contain the forces of communalism and religious extremism that has plagued them for decades.

Dr. Agnishekhar writes in guest editorial of Hindi journal ‘Vasudha’, July-September 2007 issue – ‘Since centuries Kashmir is known for its beauty, culture, Philosophy, Love, tolerance and co-existence but today it comes to my mind for violence, militancy, religious insanity and displacement of minority. Scene of destruction, burnt houses, wounded memories, presence of militants and security forces, stammering expressions, bomb blasts or sound of firing, long wide spread blood on roads and then situation becomes normal next moment….. that is everyday’s Kashmir. Every evening safe return at home is where daylong achievement, where meaning of any sound in dense night is militant or soldier, moment of giving shelter or investigation, increased heartbeat or sweating – thinking or writing of that Kashmir is passing through extreme torture.

Since the day of the British Partition from India, there has been one absolving issue that has been ignored by much of the world. Surrounded on three sides, by three nuclear powers, the region of Kashmir has become a forgotten casualty of the aftermath. The region has since crafted a history of violent struggle for sovereignty and freedom. Kashmir has become symbolic of the nearly century long Indo-paki struggle that has left inhabitants of the region in turmoil. The bloody history of the region, and the way the issue has been handled brings up the question of what is the best way to handle the situation? The region of Kashmir has been claimed by both India and Pakistan, while a large percentage of the population want independence, all three parties have been at a near century long struggle, that can only be solved when the originally proposed solution of a plebiscite is put into place.

While historically the conflict within Kashmir is one of territory and not cultural, Pakistan has recently used their religion, primarily the notion of a Jihad, holy war, to justify their

Toba Tek Singh, a story about India’s partition after independence written by Saadat Hasan Manto, gives the readers an insight into the harsh realities of the process of state creation. Through the non- judgmental and sardonic tone of the narrative, Toba Tek Singh compels the reader to think deeper about India’s birth as a nation. India’s partition into two different countries purely on the basis of religion (Manto, 2011, p. 70) gives us a reality check into how willing we are to accommodate diversity. Toba Tek Singh urges the readers to ponder over the fact that state creation is an issue beyond the mere geographical demarcation of borders, because it does not account for the unquantifiable sentiments that the process affects, as well as propagates.

Topic: The question of self determination for non- sovereign regions seeking to exercise substantial autonomy- The Kashmir story.

No better understanding of the Kashmir issue could be achieved, other than studying the issue within the context of colonialism and then the eventual process of decolonization. In the 17th and 18th century, colonialism had reached its zenith and almost every known territory on planet earth was in some way or the other was related to a colonial power. The idea of self-determination in the modern-era is in fact the product of the concept of political sovereignty as developed after the Treaty of Westphalia. Then came the Industrial Revolution and during and after the revolution, the colonies slowly gravitated towards the idea of self-determination, as they became more aware of their rights.

Even the leaders of nascent state of Pakistan were warned that they must fence the way leading to Jammu or they would lose Kashmir. India deprived Pakistan of this right by claiming Kashmir to be a part of India’s territory. India is adamant on maintaining that Jammu and Kashmir are its integral part. In 1947, India and Pakistan had war over Kashmir. During the war, it was India which first took the Kashmir dispute to the United Nations on 1st January 1948 and in the following year on 1stJanuary 1949, the UN enforced ceasefire between the two countries (Pakistan Mission To United Nations).Sixty six years have passed since then and throughout the period Kashmiris have given a lot of sacrifices. Pakistan’s government and leadership today seem eager to find a “solution” to the issue with India. Since 1953, more than 150 sessions of talks have been held in vain The Kashmir issue has remained unresolved till date with people having multiple views regarding the ownership of Kashmir. Both India and Pakistan wish to make Kashmir a part of their territory because Kashmir has so many valuable resources such as natural gas and gypsum (Encyclopedia Britannica),so both countries want to achieve a competitive edge over the other. In addition to this, the identified potential of Hydro electric power is enough to provide the full existing energy requirements of Pakistan and half of India which enhances the value of Kashmir for both the nations ( Hydro Electric powers- Jammu

“Long years ago we made a tryst with destiny, and now the time comes when we will redeem our pledge, not wholly or in full measure, but very substantially. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends and when the soul of a nation, long suppressed, finds utterance .... We end today a period of ill fortune, and India discovers herself again."

The history of Kashmir is replete with episodes like political un-stability, genocide, custodial killings, torture, arbitrary-arrests, arson, bloodshed, mass rapes, bloodshed, and enforced disappearances. However, people of Kashmir have demonstrated a distinct resistance for their existence and self determination. The dispute evolved over the unfulfilled promise of plebiscite regarding Kashmirs’ status that further strained its relation with India. In 1987, after the faulty elections were held in Kashmir, it was “ensured that the last viable avenue for the expression of political discontent was blocked” (Ganguly 92). The early resistance of 1990’s “when massive demonstrations for azaadi (freedom) broke out in the city of Srinagar and other Valley towns, and panicked federal paramilitary police sent by New Delhi to contain the unrest opened fire, killing hundreds of protesters” (Bose 179) led to the full-fledged resistance movement. Mirza Waheed’s The Book of Gold Leaves brings alive the horrors of this period which have not yet ceased to haunt.

If it succeeds, its influence on Asia is incalculable for good. Whatever the outcome we must honour those who attempt it. Even more meaningful was the opinion expressed by an American Constitutional authority, Granville Austin, who wrote that what the Indian Constituent Assembly began was ‘perhaps the greatest political venture since that originated in Philadelphia in 1787.’